The sea water above the continental shelf has the legal regime of the exclusive economic zone
Key legal issues concerning CCS Show
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Offshore CO2 StorageInternational Marine LegislationUnited Nations Convention on the Law of the Sea, 1982 (UNCLOS) Date of signature: 10 December 1982 What are the aims and requirements of the Convention?UNCLOS entered into force in 1994 and was established to provide an overarching international agreement regulating the various uses of the world's oceans and seas. The scope of the Convention is very broad and provides what has been termed a 'constitution for the oceans', covering the utilisation of resources, shipping, marine research, the exploitation of the exclusive economic zone and continental shelf, and the prevention and avoidance of marine pollution. The Convention contains broad principles and provisions, allowing its Contracting Parties to create more precise national regulations with regard to the marine environment. UNCLOS and zones of the seaAn important aspect of UNCLOS is its consideration of various parts of the ocean; the various zones prescribed under this Convention are used in other international marine laws. The sea is in effect divided into different zones and areas, with differing rights and duties applying to each separate sector. 'Nations have the greatest amount of coastal jurisdiction and control over the waters closest to shore with increasing responsibility to accommodate uses by other nationals as the distance from the shore increases' (Purdy, 2007). The Convention divides the sea into the following zones:
Protection of the marine environmentUNCLOS also contains explicit provisions for the protection of the marine environment. Under Article 192, states are obliged to ensure the protection and preservation of the marine environment in each territorial zone of the sea; whilst Article 194 requires them to take the necessary measures, using the best practicable means, to 'prevent, reduce and control pollution of the marine environment from any source'. States are required to ensure that their activities do not prejudice the environment of other states and must adopt laws and regulations which protect the marine environment from pollution emanating from land-based activities, seabed activities subject to national jurisdiction, dumping, vessels, and through the atmosphere. Dumping is defined under UNCLOS as the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms and other man-made structures, and does not include the placement of material for purposes 'other than mere disposal'. Dumping by coastal states is permitted within their EEZ, provided that it does not impinge upon the rights or the environment of other states, or upon areas beyond national jurisdiction. UNCLOS also allows for dumping to take place on the continental shelf, provided the coastal state adheres to certain rights and requirements similar to those provided in relation to the EEZ. Key legal issues concerning CCS
Recent developmentsA clarification or amendment could resolve the mentioned legal issues concerning the legality of CCS under UNCLOS. At present, however, modifications or amendments are not on the Agenda of the Contracting Parties. Useful linksLegal Resources
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What is an exclusive economic zone in the ocean?The Exclusive Economic Zone (EEZ) comprises an area which extends either from the coast, or in federal systems from the seaward boundaries of the constituent states (3 to 12 nautical miles, in most cases) to 200 nautical miles (370 kilometres) off the coast.
What do the terms territorial sea exclusive economic zone continental shelf and area mean?The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's rights below the surface of the sea.
Is the exclusive economic zone part of the high seas?HIGH SEAS. The provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.
Where is the exclusive economic zone?The U.S. Exclusive Economic Zone (EEZ) extends no more than 200 nautical miles from the territorial sea baseline and is adjacent to the 12 nautical mile territorial sea of the U.S., including the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands ...
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